Respondent sued 1st and 2nd appellants claiming an account of a partnership business, "Excelsior Building Society," and other reliefs.

The 2nd appellant is a registered company and the 1st appellant is its Managing Director. Two others were joined

The trial Judge in spite of his findings that the respondent, the two appellants and Obajimi (deceased) were partners in the firm and that certain property situate in Lagos was the firm's property, for whom the 2nd appellant is an agent, proceeded to dismiss the respondent's claims, holding that the respondent's claims were statute-barred.

Respondent appealed to the Court of Appeal. His applied to amend his statement of claim to include claims for a declaration that the property is held on trust by the 2nd appellant in favour of all the parties. This was granted. And his appeal in the whole was granted.

Thereupon the appellants appealed to the Supreme Court.